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High Court of DelhiW.P.(C)/6722/2025

Pawan Kumar v. Union Of India & ORS.

2026-05-05Hon'Ble Mr. Justice Amit Mahajan,Hon'Ble Mr. Justice Anil Kshetarpal2 pages

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6722/2025 PAWAN KUMAR .....Petitioner Through:

Ms. Santwana Agarwal and Ms. Saumya Agarwal, Advs.

versus UNION OF INDIA & ORS.

.....Respondents Through:

Mr. Syed Abdul Haseeb, CGSC with Mr. Muhammad Aamir Khan and Mr. Syed Abdur Rahman, Advs.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 05.05.2026 1.

The Petitioner, at present, is working as ASI (Clerk) in CISF. A meeting of the Departmental Promotion Committee had been held and the Petitioner's name has been recommended by the Committee on 05.09.2023 for promotion to the rank of SI (Ministerial), however, actual promotion has been withheld on account of criminal case registered by Petitioner's wife against the Petitioner under Sections 406/420/498(A) of the Indian Penal Code, 1860. 2.

Through the present petition, the Petitioner prays for promotion as SI (Ministerial) on ad-hoc basis.

3.

It is contended that the Petitioner could not be denied promotion on account of a pending criminal case, which is not likely to conclude in the near future and the criminal case is not in any way related to his service. Its pendency will not in any way adversely impact discharge of his duties and responsibilities on the promoted post. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/05/2026 at 13:12:09

4.

Learned counsel representing the Respondents submits that the Petitioner can be promoted on ad-hoc basis subject to outcome of the criminal case.

5.

Keeping in view the aforesaid position, directions are issued to Respondent Nos. 2 and 3 to promote the Petitioner on ad-hoc basis as SI (Ministerial) forthwith, subject to decision of the criminal case. 6.

The present petition is disposed of in the aforesaid terms. ANIL KSHETARPAL, J AMIT MAHAJAN, J MAY 5, 2026 "SS"

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/05/2026 at 13:12:09